Assumption Of Constructing Criminal Mandatory Measures To Matters And Privacy

According to the popular theory, Criminal Mandatory Measures is difined as the compulsory measures which restrict or deprive the freedom of the criminal suspect or defendant. This dissertation considers that Criminal Mandatory Measures is the action of the state which violates the citizen's will and interferes the constitutional rights of the accused for the purpose of procecution and trial. In fact,China's current Criminal Mandatory Measures system is uncomplete in the guaranteeing citizen's constitutional rights. It doesn't fully reflect the requirement of the constitution. In this dissertation, the author redifines the Criminal Mandatory Measures by analyzing the constitutional rights of the accused, and then discusses related regulations of the Criminal Mandatory Measures.There are three parts in this dissertation, including the preface, the text and the conclusion. The text is divided into four chapters.Chapter one focuses on the concept of Criminal Mandatory Measures. Based on the introduction of the traditional theories and the differences between the Criminal Mandatory Measures and compulsory measures, the author concludes that the concept of Criminal Mandatory Measures should logically be analyzed from the citizen's fundamental rights, and hence defines the Criminal Mandatory Measures as the action of the state which interferes the constitutional rights of the accused for the purpose of procecution and trial.Chapter two analyzes the condition and procedure of Criminal Mandatory Measures. The condition and procedure are mainly embodied in the enforcement of the proportion principle and judicial review principle. The author discusses these two principles, and point out the importance of them by studying the foreign legislations.Chapter three states the Criminal Mandatory Measures to matters. By investigating the related legislation and practice of foreign countries,this dissertation holds that the compulsory measures to matters should be adopted in the system of Criminal Mandatory Measures. It takes search and seizure for instance to construct the Criminal Mandatory Measures system and to develop related procedural rules.Chapter four discusses the Criminal Mandatory Measures to privacy which is paid more attention recently. The author introduces two theories to demonstrate the...